Prospective Advice and Consent
Written by Jean Galbraith
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The Treaty Clause of the Constitution gives the President the “Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” In theory, treatymaking traditionally proceeds in three steps: First, the President…
Avoiding Adaptation Apartheid: Climate Change Adaptation and Human Rights Law
Written by Margaux J. Hall & David C. Weiss
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There is now little doubt that humans will be forced to adapt to the impacts of a warming world. There is also little doubt that the poorest people in the poorest countries will bear most of the burden of adapting to climate consequences…
Permitting Pluralism: The Seal Products Dispute and Why the WTO Should Accept Trade Restrictions Justified by Noninstrumental Moral Values
Written by Robert Howse & Joanna Langille
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To what extent does the legal framework of the World Trade Organization (WTO) permit trade restrictions that, at least in part, express the moral beliefs of particular societies and have a root in noninstrumental morality?
This Article will consider this question using the…
That Sinking Feeling: Stateless Ships, Universal Jurisdiction, and the Drug Trafficking Vessel Interdiction Act
Written by Allyson Bennett
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Congress passed the Drug Trafficking Vessel Interdiction Act (DTVIA) in 2008 to address a new tool employed by drug traffickers to transport illicit drugs worldwide: the self-propelled submersible vessel (SPSS). According to one congressman, at any particular moment more than one hundred of…
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Cultural property is a unique form of property. It may be at once personal property and real property; it is non-fungible; it carries deep historical value; it educates; it is part tangible, part transient. Cultural property is property that has acquired a special…
Recent Publications
Written by YJIL Editor
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Reviewed in this issue:
On the Frontlines: Gender, War, and the Post-Conflict Process. By Fionnuala Ní Aoláin
Civilian or Combatant?: A Challenge for the Twenty-First Century. By Anicée Van Engeland.
Complicity and the Law of State Responsibility. By Helmut Philipp Aust.
When International Law…
